Who gets my mom’s estate in my divorce?

Questions about Divorces and Inheritance?

Dividing assets can be complicated and often leads to difficult questions. Wisconsin follows a marital property approach, which states that any property acquired during the marriage is presumed to be owned equally by both spouses. This means that property acquired during the marriage is generally considered to be owned equally by both spouses, including income, property, debts, and more. Typically, marital property is divided equally during a divorce, but there are some exceptions.

According to Wisconsin Statute 767.61(2), inherited property is treated differently divorce proceedings. Property you inherit due to the death of another is typically not subject to division during a divorce. So, if you inherit property (including money) through a will or trust while you’re married, the court will not divide that property. The person who inherits it retains full ownership, and the other spouse has no claim to it.

However, there is an exception. If excluding the inherited property from the divorce would cause hardship to the other spouse or children, the court may divide it. In these cases, the court will consider factors like financial needs, health conditions, or other legal responsibilities. The court has discretion to divide the property in a fair and equitable way, ensuring no one is unfairly impacted.

In summary, most of the time, inherited property—weather from a will or trust—won’t be part of the divorce proceedings. But if the court finds that excluding it would create unreasonable hardship, it may include inherited assets in the marital estate.